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02/15/2007 14:39 3032748329 BANKS AND GESSO LLC PAGE 04/05 The concerns expressed in the CDOW's letter to you focus on big game winter range, principally involving elk. The specific concern is noise from the mine's crusher and haul truck traffic for off- site gravel deliveries displacing elk from adjacent areas, resulting in reduced winter range effectiveness. In. our meeting, the CROW acknowledged that the mine itself did not represent big game winter range and that the surrounding golf course (covered by 3-4 feet of snow during most winters) does not represent big game foraging or bedding areas, but may be used during crepuscular (dawn and dusk) hours and at night, as animals move between relatively large blocks of foraging and bedding areas. Thus, it appears that there is little or no potential conflict between ongoing daytime mining activity and crepuscular elk winter range use; the two are largely compatible. Also, noise and activity associated with the mine is fairly well buffered from the closest elk foraging azeas (973 feet to the closest winter range north of the Fraser River and 1,459 feet to the closest portion of the Granby Rancb conservation easement, whose November 15-April ] 5 seasonal closure specified in the Conservation Easement was specifically developed to conserve elk transitional range, migration, and winter range values) and more distant elk bedding areas (i.e., where animals rest during the day). Furthermore, because the mine maintains a rim aoound its periphery, much of its noise is attenuated froth the surrounding area. Indeed, the mine operates throughout the golf season and there have been no noise complaints from golfers despite portions of golf holes 1, 2, 3, 4, 5; 9, and 10 completely and closely surrounding the mine, some within 130 feet of it. The CDO W also identified a number of other wildlife species seasonally present in this general area. While that is correct, as described above for elk, the existing mine provides little wildlife habitat and the species seasona]ly present have adapted to the mining operation and the surrounding golf course and Nordic uses. Continuarion of these uses should have no further adverse effect on those species. Although we believe that Granby Ranch has already gone above and beyond what should be required, in an attempt to be sensitive to the CT~OW's conccrrts related to potential winter range conflicts while maintaining the mine's operational flexibility, Granby Ranch is willing to comnnit to the following mitigation while the mine remains in operation, subject to CI70W acknowledgement that these measures adequately address their concerns. If mining activity occurs during winter, crushing activities within the gravel pit and gravel hauling would be restricted to the hours between 9AM and 3PM from November 15-April I5, the period of elk transitional range, migration, and winter range use. As such, mining activity would occur when elk are no longer in adjacent azeas, where their habitat effectiveness could be affected. In addition, the mine would maintain a peripheral rim around the pit, to the extent practicable, so as to contain and attenuate mining noise. Please contact us if you have any questions or require any further information.. Sincerely, ~,ielt,2F~wmpsote Richazd W. Thompson Certified Wildlife Biologist Western Ecosystems. Inc. RWT/s RECEIVED FEB 15 2001 Division ofa d Safety n Mining Cc: L.FI. Sidener, CDOW XI22d171 v3